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Federal court refuses to block Utah gay marriages

Associated Press

Posted:
12/24/2013 12:01:00 AM CST

Updated:
12/24/2013 08:38:21 PM CST

SALT LAKE CITY -- A federal appeals court ruled Tuesday that gay marriages can continue in Utah, denying a request from the state to halt same-sex weddings that have been occurring at a rapid rate since last week.

The 10th U.S. Circuit Court of Appeals' rejection of Utah's request for an emergency stay marks yet another legal setback for the state.

Judge Robert Shelby, the same federal judge who ruled that Utah's same-sex marriage ban violates gay and lesbian couples' rights, previously denied the state's request to halt the marriages.

The appeals court said in its short ruling that a decision to put gay marriage on hold was not warranted, but said it put the case on the fast track for a full appeal of the ruling.

Utah's last chance to temporarily stop the marriages would be the U.S. Supreme Court. That's what the Utah Attorney General's Office is prepared to do, said spokesman Ryan Bruckman.

"We're disappointed in the ruling, but we just have to take it to the next level," Bruckman said.

Shelby's ruling has created a confusing set of circumstances for county clerks, same-sex couples and state officials as they wait on an appeals court to bring some clarity to the issue.

Some county clerks were refusing to issue marriage licenses to gay couples, even though they could face legal consequences.

The Utah attorney general's office warned counties they could be held in contempt of federal court if they refuse to issue the licenses.